1 Appendix to the Payment Card Service Rules
In addition to other provisions of Rules these Special Provisions on Luminor Phone POS Card Acceptance (hereinafter – Special Provisions) shall apply to mutual relations between the parties to the Agreement regarding the provision of Luminor Phone POS service as defined in this Annex 1. Should the provisions of Annex 1 herein fall in conflict with other provisions of the Rules, those of Annex 1 shall prevail, as far as applicable to the Luminor Phone POS service.
1. The following terms have the following meaning within Special Provisions:
1.1. Administrator – User whom the Merchant has authorized to administer the Users’ rights of usage of the Merchant Portal.
1.2. Authentication Instruments – elements, which in accordance with the procedures of the Bank enable authentication of a person and/or verify the validity of use of a specific payment instrument, including personalized authentication data, for example, user (customer) number, login, code, password, phone number, data of the device (for example, serial number, IMEI number), personal data (for example, name, surname, personal code), including biometric data (for example, fingerprints, digital image of the face, iris image, voice recording, etc.), as well as electronic signature (electronic data may constitute any of the aforementioned elements and/or other electronic data), qualified electronic signature etc.
1.3. Luminor Phone POS – an application available on Google Play
1.4. Luminor Phone POS services – a mobile application for the acceptance of Cards by means of the Luminor Phone POS app installed on Merchant Device.
1.5. User – a natural person whom the Merchant authorizes to use Merchant Device and/or Merchant Portal.
1.6. Merchant – for the purposes of these Special Provisions is considered as Client defined under section 1.13 of the Rules.
1.7. Merchant Device – a device that has Near‑Field Communication (NFC) enabled and uses the Android operating system version which meets the requirements for the secure card acceptance and allows to access the Luminor Phone POS application in the Google Play Store.
1.8. Merchant Portal – a Digital channel enabling the Merchant to perform specific activities related to Luminor Phone POS Service.
1.9. Merchant Credentials – information to set a password to access to Luminor Phone POS is received in such email indicated in the Application.
1.10. Password – a password set up by the Merchant within the Luminor Phone POS app that enables access to the Luminor Phone POS app.
1.11. Rules – Card Acceptance Rules, the annex of which are these Special Provisions.
2. To use Luminor Phone POS service, the merchant receives an email message containing a unique link to access the password setup module, sets his personal password; downloads the application (if not yet done before this step); opens up the downloaded Luminor Phone POS application, enters his Merchant Credentials and accepts all the required permissions to be enabled for the application to work.
3. The Merchant’s Device must have a stable internet connection and NFC technology available and activated to utilize Luminor Phone POS Service.
4. The Merchant indicates the email for each device that the Merchant intends to use as the Merchant’s Device in the application for the use of Luminor Phone POS service and/or the Agreement. The Merchant may change this information (add/remove device) by sending an application acceptable to the Bank by form and content to the Bank. The Bank performs an evaluation of the proposed changes within 3 (three) Business Days. If the change is acceptable to the Bank, the written notice is considered to be part of the Agreement and the Bank performs the required actions to effect the proposed change. The Bank is entitled to refuse to accept the proposed changes, by informing the Merchant thereof.
5. The Merchant bears the costs related to the implementation and use of the Luminor Phone POS Service, including ensuring a compatible device and internet connection.
6. The first password is set via the link provided by Luminor. The Merchant must set a Password within the Luminor Phone POS on each Merchant’s Device. The Merchant is responsible for changing of the Password upon Bank’s request and in cases when the Merchant suspects unauthorized or fraudulent use of Luminor Phone POS Service.
7. The Merchant must keep its Credentials secret and not disclose them to anyone. The Merchant must also ensure that a screen lock is set up on each Merchant’s Device and no unauthorized person can access any Merchant’s Device. If the Merchant fails to observe any of these obligations, the Bank is not liable for any loss and/or damages incurred by the Merchant and/or any third party and the Merchant shall undertake to reimburse any loss suffered by the Bank and/or any third party.
8. The Merchant must notify the Bank immediately if the Merchant has reasons to suspect unauthorized access to the Merchant’s Credentials or the Merchant’s Device. Until the Bank has received and acknowledged such notification, the Bank is not liable for any loss and/or damages incurred by the Merchant and/or third party due to unauthorized access to the Merchant’s Credentials or the Merchant’s Device and the Merchant shall be responsible to reimburse any loss suffered by the Bank and/or any third party.
9. The Merchant must follow the user manual made available by the Bank an/or the developer of the Luminor Phone POS as well as instructions of the Bank and developer of the Luminor Phone POS for the use of the Luminor Phone POS.
10. Only EUR Transactions performed using Visa or Mastercard payment Cards are available using the Luminor Phone POS service.
11. The Merchant must provide the user of the Card (Cardholder) with the transaction receipt upon request by means available within the Luminor Phone POS service via email or scanning QR code.
MERCHANT PORTAL
12. The Bank may enable the Merchant access to Merchant Portal upon Bank’s sole discretion.
13. The functionality (including the type and scope of Services, which are available to the User via the Merchant Portal) and availability (including the time and restrictions of provision of the Services via the Merchant Portal) of the Merchant Portal is determined in the environment of the Merchant Portal, in the Service Terms of the respective Service and/or on the Bank’s website. The User must observe the Bank’s instructions in using the Merchant Portal and the Services available.
14. The Merchant indicates Administrator in the Agreement and/or the Application and/or by other means set by the Bank. Document where the Merchant indicates Administrator is considered to be an authorization document. The Merchant may revoke and/or change Administrator in the manner described herein.
15. The Administrator may, on behalf of the Merchant, add and remove Users, suspend and restore suspended usage rights assigned to a User as well as set and change the mode of use of the Merchant Portal assigned to a User within the Merchant Portal (if technically possible) or by other means defined by the Bank. The Bank is entitled to request that any of the requests above are submitted in writing and/or signed in the presence of a representative of the Bank.
16. The scope of the User’s rights to access the Services using the Merchant Portal is determined by the mode of use of the Merchant Portal indicated within the Merchant Portal environment or elsewhere as set by the Bank.
17. The Bank will activate, suspend, restore and terminate the User’s ability to use the Merchant Portal within a reasonable time after the conditions envisaged in the Special Provisions are fulfilled. The User’s rights to receive the Services using the Merchant Portal, as well as changes thereto enter into force, when those are registered in the respective Bank’s information system.
18. The Bank authenticates the User, who wants to use the Merchant Portal, at its discretion by one or more Authentication Instruments.
19. To use an Authentication Instrument, the User may need to install certain software and/or use certain equipment. The Bank can set requirements for such software and equipment, as well as change such requirements at any time, including to define that the use of an Authentication Instrument requires specific software and/or equipment. The User must ensure the fulfillment of these requirements at their expense.
20. The Bank can define that certain Authentication Instruments, software and/or equipment must be used for reception of particular Services and/or authorization of particular Transactions (including refunds). The Bank can also set that by using certain Authentication Instrument certain Services are available and/or the functionality of available Services is limited and/or differ.
21. If the Authentication Instrument, equipment and/or software, which creates, registers, validates and/or performs other actions in relation to an Authentication Instrument, is issued by the Bank, the User may receive it after the conditions prescribed in the respective Service Terms are met. The Merchant must pay to the Bank the fee indicated in the Price List for provision of such an instrument, equipment and/or software, unless the parties agree otherwise
22. If the Authentication Instrument, equipment and/or software, which creates, registers, validates and/or performs other actions in relation to an Authentication Instrument, is issued by a third party, the Bank is not liable for their operation and security, as well as for any damages incurred by the User, the Merchant and/or a third party in relation to the use of such an Authentication Instrument, equipment and/or software.
23. If the data used in the Authentication Instrument are indicated by the User, the User may change them by submitting a notice to the Bank according to the procedure set by the Bank.
24. If according to the conditions of the use of the Authentication Instrument, it is envisaged that something may be sent to the User’s equipment (for example, sending an SMS code to a mobile phone), then the User is responsible for the correctness of the identifier provided to the Bank, which is used for sending of such information (for example, a phone number). If the User changes the equipment and/or its identifier, the User must notify the Bank thereof immediately. Until such a notice is received, the Bank continues sending the respective Authentication Instrument, using the identifier available to the Bank. In such a case, the Bank is not liable for any damages incurred by the Merchant, the User and/or third parties.
25. The Bank may request and in this case the User must replace the Authentication Instrument with another Authentication Instrument indicated by the Bank and/or change the data used in the Authentication Instrument.
26. The User who uses an Authentication Instrument, must observe usage conditions of the respective Authentication Instrument, as well as issuer’s instructions, including to ensure compatible equipment and/or software for successful use of the Authentication Instrument, as well as to observe rules and/or instructions of the manufacturer and/or issuer of such equipment and/or software.
27. The Bank can refuse to provide a Service using the Merchant Portal if the User does not fulfill conditions of these Special Provisions.
28. If an Authentication Instrument has been successfully used to approve any action (e.g., access the Merchant Portal, authorize a refund, add/remove User, block/unblock Merchant Device etc.), it is considered that the User, to whom the respective Authentication Instrument corresponds (belongs to, is registered to, has been issued to, is at disposal etc.), has approved such action in person (including that the electronic document which is signed using an Authentication Instrument shall be considered to have been signed by handwritten signature). Such a document is binding on the Merchant, the User and the Bank.
29. All information provided by the Bank using the Merchant Portal, is binding on the User and the Merchant and is equivalent to a document signed by the Bank.
30. If the User uses Authentication Instruments to access or receive third‑party services, the Bank is not responsible for such services, nor shall compensate damages, which the User, the Merchant and/or a third party incurred in relation to the use of such services or activity or inactivity of such third parties.
31. The Bank may record and register actions performed using the Merchant Portal and store this information in databases of the Bank and/or third parties. These records are evidence and certification of the Merchant’s will and may serve as evidence for resolution of disputes between the parties to the Agreement, including court. The Bank can but is not obligated to store the records for up to 10 (ten) years after termination of the business relationship between the parties.